Saturday, August 2, 2014

LULAC Defendants Filed NY TRO Case In Federal Court

Margaret Moran, Luis Vera Jr. and Manuel Escobar

Defendants Margaret Moran, the former National LULAC President, Manuel Escobar and Luis Vera Jr. had their attorneys sent out notices of removal to Plaintiffs and judge in an attempt to move a NY TRO hearing to a federal court.

By H. Nelson Goodson
August 2, 2014

New York, New York - On Friday, attorneys representing Margaret Moran, the former National LULAC President, Luis Vera Jr., and her legal advisor Manuel Escobar, including the League of United Latin American Citizens (LULAC) sent out notices for removal indicating that they have filed a NY TRO case in the United States District Court for the Southern State of New York. They also notified Judge John A. Barone, for the Bronx County State Supreme Court that they will not appear for a scheduled TRO court hearing on August 4. Judge Barone issued a temporary TRO against Moran, Escobar and Vera Jr. preventing them from using rules to influence a LULAC National election. Moran and Vera Jr. decided to postpone the national election after they noticed that their candidate Roger Rocha Jr. from Laredo, Texas who was running for LULAC National President didn't have enough delegate votes to defeat Maggie Rivera, from Crystal Lake, Illinois for the 2014 LULAC presidency. She received 60% of the registered delegate vote. It was the first time in LULAC's 85th year history that the national elections were briefly postpone. 
The delegates at the 85th LULAC National Convention in New York City reconvene the Assembly, despite Vera Jr.'s attempt to postpone the election and elect Rivera as LULAC National President. Rivera became the first Hispanic woman from the Midwest to get elected LULAC National President breaking the traditional control of the organization's presidency by Mexican-Americans from Texas.
Moran and three other LULAC members have continued in control of the LULAC organization, despite that they can no longer hold those positions because they have expired their four one-year terms, according to the LULAC National Constitution and By-laws.
A federal court judge would have to decide, if the court will hear the NY TRO by Judge Barone. The federal judge will probably rule, that the case hasn't been exhausted in the state supreme court and will likely deny a hearing to the defendants.
The attorneys for Moran, Escobar and Vera Jr. notified Judge Barone that they will not be present at the August 4, NY TRO hearing to determine, if the defendants violated the TRO. 
Eduardo LaGuerre, the NY State LULAC Director filed a TRO on July 11 to keep the Defendants from attempting to influence the National LULAC elections. Moran and other National Board members have been accused of fraud, corruption and manipulating to suppress national board elections.
A second TRO was filed by the Defendants Rosa Rosales and Elia Mendoza against the Plaintiff Eduardo LaGuerre in Bexar County Texas. The TRO prevents the newly elected LULAC National President, Maggie Rivera from taking office and disseminating information to LULAC members nationally about her election, including the results from the 85th LULAC National Convention elections in New York City on July 12, 2014. The Texas TRO hearing has been rescheduled for August 15, according to court records. 

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